LING WING FAI BILLY AND OTHERS v. LING SHUI FAI AND OTHERS

FAMV No. 36 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 36 OF 2011 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 99 OF 2008)

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Between

LING WING FAI BILLY 1st Plaintiff
LAM WA 2nd Plaintiff
(Applicant)
LING WING FAI BILLY,
the Administrator of the estate of WONG KING SHUI (or SUI), deceased
3rd Plaintiff
and
LING SHUI FAI 1st Defendant
CHU YUEN LUN GARMEN 2nd Defendant
(Respondent)
TAM KWOK CHIU 3rd Defendant

____________________

Before : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing : 30 March 2012

Date of Determination : 30 March 2012

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D E T E R M I N A T I O N

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Mr Justice Ribeiro PJ :

1. In the light of the new issues identified in the proposed amendments to the pleadings, we grant leave for the following additionalquestion to be considered in the appeal, namely:

“(3) Whether an affirmative answer to Question 1 and/or Question 2 above necessarily precludes any of the Plaintiffs from claimingand the court from recognizing or granting any other right, benefit or interest in the land or any remedy or other relief includingrelief based on a constructive or resulting trust on such terms as the court may impose; or based upon estoppel or unjust enrichment.”

2. Questions, if any, regarding leave to amend and consequential orders as to costs or otherwise will be dealt with at the hearing.

(Kemal Bokhary)
Permanent Judge
(Patrick Chan)
Permanent Judge
(R A V Ribeiro)
Permanent Judge

Mr Earl Deng, instructed by Rowdget W Young & Co. and assigned by the Director of Legal Aid, for the applicant

Ms Lisa KY Wong, SC and Mr Keith Kam, instructed by Chong So & Co. and assigned by the Director of Legal Aid, for the respondent